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Appellate

  • January 17, 2019

    Appellate Group Of The Year: Orrick

    Orrick’s appellate team was undefeated at the U.S. Supreme Court in the last term, swaying then-new Justice Neil Gorsuch’s deciding vote in an immigration case that nixed a tool used to place people in deportation proceedings, earning the firm a spot among Law360’s 2018 Appellate Groups of the Year.

  • January 16, 2019

    Expect More Suits Over Appraiser Bias, Colo. High Court Told

    During oral arguments before the Colorado Supreme Court in a lawsuit over an allegedly biased insurance appraiser Wednesday, attorneys for both Owners Insurance Company and the condominium association it is fighting said that ruling against their side would spur a wave of litigation over similar bias claims.

  • January 16, 2019

    9th Circ. Question Could Affect Calif. Prevailing Wage Law

    California's prevailing wage law could be expanded or narrowed, depending on how the state's highest court may rule on a question about the payment of workers who transport machinery to and from public construction projects, the Ninth Circuit said Tuesday.

  • January 16, 2019

    NJ Atty Seeks Revival Of Homeopathic Flu Remedy Fraud Suit

    Members of a New Jersey state appellate panel offered divergent views Wednesday on whether a lawyer had presented enough evidence to back up his class claims that homeopathic medicine from King Bio Inc. is falsely marketed as a treatment for the flu, a product he referred to as “a bottle of broken promises.”

  • January 16, 2019

    Religious Bias Suit OK'd Over Pfizer's Iffy Arbitration Policy

    Pfizer Inc. can’t enforce an arbitration clause that it never made its employees explicitly agree to, a New Jersey appeals court said Wednesday, clearing a former corporate flight attendant to sue for religious discrimination.

  • January 16, 2019

    Mo. High Court Hits Pause On Looming J&J Talc Cancer Trial

    The Missouri Supreme Court has granted Johnson & Johnson's last-minute bid to pause a trial on claims that asbestos in the pharmaceutical giant's talcum powder products gave 13 women ovarian cancer, issuing a stay days before jury selection was scheduled to begin in St. Louis.

  • January 16, 2019

    Mich. Atty Granted New Trial In Injury Referral Fee Fight

    A Michigan appellate court said Tuesday improper jury instructions warrant a new trial in a suit accusing a firm of failing to pay a solo practitioner a $680,000 fee as part of a referral agreement in an auto collision suit that ended in a $10.2 million award.

  • January 16, 2019

    Mo. Supreme Court OKs $29M Med Mal Award, Adds Interest

    The Missouri Supreme Court on Tuesday affirmed a jury's $28.9 million award in a suit accusing a hospital of failing to diagnose a woman's rare genetic disorder, which caused permanent brain damage and paralysis, and ruled that postjudgment interest was improperly denied by the trial judge.

  • January 16, 2019

    Justices Weigh 21st Amendment's Scope In Wine Sales Case

    On Wednesday, 100 years to the day after the United States ratified a constitutional amendment making alcohol sales illegal, the U.S. Supreme Court heard arguments in a referendum on the scope of the amendment that made it legal once more and gave individual states broad discretion to regulate the industry.

  • January 16, 2019

    High Court Urged To Keep Standing Limits On PTAB Appeals

    Auto parts maker JTEKT Corp. does not have constitutional standing to bring its case challenging rival GKN Automotive Ltd.'s favorable decision from the Patent Trial and Appeal Board up to the federal courts as the Japanese company would not be injured by the patent, GKN said in its U.S. Supreme Court brief.

  • January 16, 2019

    Tribes, Allies Say Constitution Backs Child Welfare Law

    Four tribes, joined by members of Congress, Indian law professors and others, urged the Fifth Circuit on Wednesday to overturn a Texas district judge's decision ruling the Indian Child Welfare Act unconstitutional, saying the law doesn’t racially discriminate and that the Constitution supports Congress’ broad power to enact laws regulating tribal matters.

  • January 16, 2019

    Spinoff Liable For $1.6M Tab, Enviro Firm Tells Del. Justices

    Skeptical Delaware Supreme Court justices homed in Wednesday on a lack of written contract terms to back up an environmental cleanup firm’s appeal claim that insurance bills of a sold-off affiliate should have been picked up by the buyer.

  • January 16, 2019

    Fla. Tribe, Member Ask Justices To Rule On Gambling Tax Row

    The Miccosukee Tribe of Indians and a member have asked the U.S. Supreme Court to overturn an Eleventh Circuit decision that the member owes taxes on tribal payments the federal government contended were derived from casino revenue.

  • January 16, 2019

    Hernia Mesh Maker Can't Revive IP Suit Coverage Bid

    The Third Circuit on Wednesday affirmed that a Chubb Ltd. insurer doesn’t have to cover Tela Bio Inc.’s costs to defend against a trade secrets and unfair competition lawsuit brought by rival LifeCell Corp. over a hernia treatment product, agreeing with a lower court that the underlying action doesn’t contain any potentially covered defamation claims.

  • January 16, 2019

    FCA Is Unconstitutional, Hospital Giant Tells Supreme Court

    Whistleblower provisions of the False Claims Act are unconstitutional because they deputize private citizens with powers afforded to government officers, hospital giant Intermountain Healthcare told the U.S. Supreme Court.

  • January 16, 2019

    FHFA Won't Defend Leadership Structure Before Full 5th Circ.

    The Federal Housing Finance Agency has told the full Fifth Circuit that it won't defend the constitutionality of the for-cause removal protection enjoyed by directors of the agency, a move that comes about a week before the court will sit for en banc rehearing in the case.

  • January 16, 2019

    FCC Conditions On Charter Merger Were Illegal, DC Circ. Told

    The Federal Communications Commission overstepped its bounds by placing conditions on Charter’s merger with Time Warner Cable and Bright House Networks that were unrelated to the transaction, a libertarian think tank has told the D.C. Circuit.

  • January 16, 2019

    Ill. Panel Affirms Thompson Coburn's Win In Malpractice Suit

    An Illinois construction company was too late to bring malpractice claims against Thompson Coburn LLP because the contractor should have known about the firm’s alleged negligence in securing a mechanics lien four years before filing suit, a state appellate court ruled Tuesday.

  • January 16, 2019

    Justices Told ERISA Arbitral Suit Has 'Surpassing Importance'

    The University of Southern California told the U.S. Supreme Court that the court should review the Ninth Circuit’s finding that its employees couldn’t be compelled to arbitrate their Employee Retirement Income Security Act claims, arguing that the workers wrongly characterized the decision as a “mundane interpretation of contractual language.”

  • January 16, 2019

    High Court Urged To End Appeals Of AIA Time-Bar Rulings

    The parent company of Yellowpages.com has asked the U.S. Supreme Court to overturn two en banc Federal Circuit decisions allowing appeals of rulings that inter partes review petitions were filed on time, saying the appeals court is “running roughshod” over the America Invents Act.

Expert Analysis

  • Opinion

    Time For High Court To Clarify Standing For IPR Appeals

    Charles Macedo

    The U.S. Supreme Court should agree to review the Federal Circuit’s standing jurisprudence in JTEKT v. GKN, and confirm a “dissatisfied” petitioner’s right to challenge an inter partes review decision, as set forth by Congress, say attorneys with Amster Rothstein & Ebenstein LLP.

  • A 9th Circ. Shift On Timing For Class Cert. Motions

    Neal Ross Marder

    With its recent decision in ABS Entertainment v. CBS Corp — striking down a local rule that governs the time period for filing a motion for class certification — the Ninth Circuit created a major change to class actions in the Central District of California, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • A Small Crack In High Court's Pro-Employer FAA Absolutism

    Scott Oswald

    Lately it’s become reasonable to ask: Is there any arbitration provision — however lopsided and unfair — that the U.S. Supreme Court won’t deem enforceable under the Federal Arbitration Act? Thanks to Tuesday's decision in New Prime v. Oliveira, the answer is finally yes, says Scott Oswald of The Employment Law Group PC.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • Domestic Sourcing Requirement Doesn’t Fit DOD’s Gloves

    Scott Freling

    A recent Government Accountability Office decision found that a nonavailability exception applied to a Defense Department solicitation for leather combat gloves even though the type of leather at issue was available domestically. The decision sheds light on the regulatory nuances regarding domestic sourcing, say attorneys at Covington & Burling LLP.

  • Circuits Left To Develop FCA Discovery Case Law

    Andy Liu

    Last week, the U.S. Supreme Court denied certiorari in two major False Claims Act cases, both involving the government’s knowledge or suspicion of violations allegedly resulting in knowingly false claims. Nichols Liu LLP attorneys consider the implications for the materiality standard and FCA cases going forward.

  • 21st Amendment Vs. Commerce Clause At The High Court

    Alva Mather

    On Wednesday, the U.S. Supreme Court hears argument in Byrd v. Tennessee Wine and Spirits Retailers Association, highlighting the conflict between states’ rights to regulate alcohol under the 21st Amendment and the restrictions in the U.S. Constitution's commerce clause on states’ power to regulate interstate commerce, says Alva Mather of DLA Piper LLP.

  • 'Hyatt 3' Oral Argument And Potential State Tax Implications

    Jeffrey Reed

    However the U.S. Supreme Court decides the third iteration of Franchise Tax Board v. Hyatt, argued on Jan. 9, it is much more likely that the opinion will be featured in federal courts casebooks than taxation casebooks. Nevertheless, the matter surely has some state tax relevance, says Jeffrey Reed of Kilpatrick Townsend LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.